Module detail

SHE level	1
SCQF credit points	20.0
ECTS credit points	10.0
Module code	M1M225693
Module Leader	Andrew Tickell
School	Glasgow School for Business and Society
Subject	Law
Trimester	A (September start)

Summary of content

This module introduces the student to the substantive criminal law of Scotland.

The role of lawyers in society is changing - lawyers are increasingly expected to be pro-active in the prediction and prevention of unethical as well as unlawful behaviour across all areas of society. The delivery of the module will embed PRME principles including: developing graduates who care about social responsibility developing learning and teaching which enables graduates to become responsible leaders and practitioners and developing graduates who will advise businesses and other stakeholders to explore mutually beneficial responses to social and legal challenges.

Module details

Nature and Sources of Scots Criminal Law:
Common Law Statute Commentators Human Rights Declaratory Power of the High Court

Actus reus and mens rea:
Actus reus: overt acts, omissions and state of affairs
Mens rea: intention recklessness negligence

Causation:
The 'but for' test The thin skull rule The chain of causation New intervening acts

Inchoate crimes:
Attempt Conspiracy Incitement

Liability:
Art and Part Liability Vicarious Liability

Crimes against the person:
Abduction Assault Murder Rape & sexual offences

Crimes of dishonesty:
Theft Robbery Reset Fraud

Crimes relating to property:
Malicious mischief Wilful and reckless fire-raising Vandalism

Crimes relating to public order:
Breach of the peace Terrorism

Offences against the administration of justice:
Perjury Contempt Perverting the course of justice

Regulatory offences:
Strict liability Vicarious liability Corporate liability Road traffic offences Drug offences Offensive weapons Presumptions, reverse burdens, defences

Voluntary Acts and Automatism:
The unconscious actor Involuntariness as a defence Ross v HMA 1991 JC210

Defences:
Special Defences Alibi Incrimination Self-defence Mental disorder/unfitness for trial

Pleas in mitigation and other defences
Provocation Diminished responsibility Accident Error Intoxication/automatism Coercion Necessity

Criminological Concepts:

What is crime and how serious is it? "Crime" is not as simple a concept as it is often presented. For example, what is the relationship between crime and morality? Why are some things (e.g. incest) regulated through the criminal law and other things (e.g. adultery) are not? Why have we decided to tackle the drugs problem through the criminal justice system rather than the health system? What are the results of these strategies?

What do we really do about crime in Scotland? While a legal understanding of crime allows us to know what could be done by the legal system in response to crime, in practice we know that most crimes and offences never result in a court appearance and a conviction. We need to appreciate why this is the case and understand the implications of it for social and legal policy.

By the end of this module students will have gained competence in the following key areas:

Analysis, Synthesis, Critical Judgement and Evaluation

The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities:
Preparing for and participating in seminars/tutorials
{for and delivering individual presentations
{for and delivering critical essay
Personal Management, Independence and Ability to Learn

The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities:
Preparing for lectures
{material delivered at lectures
{delivered material with additional reading
{on lecture, handout and self-searched material
{for and participating in seminars
{for and delivering individual presentations
{for and delivering critical essay
Communication and Literacy

The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities:
Consolidating material delivered at lectures
{delivered material with additional reading
{on lecture, handout and self-searched material
{for and participating in seminars
{for and delivering coursework
{on feedback from seminar contributions, individual presentations, coursework and examination performance
{for and delivering individual presentations
{for and delivering critical essay

Numeracy, Information, Technology and Teamwork

Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information and exchange documents by email. The ability to work productively and cooperatively in different kinds of groups to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities:

Consolidating material delivered at lectures
{delivered material with additional reading
{for and participating in group meetings and other group activities
{for and participating in seminars
{for and delivering group presentations
{for and delivering critical essay and reflective report

Module structure

Activity	Total hours
Lectures	36.00
Seminars	12.00
Independent Learning	102.00
Assessment	50.00

Assessment methods

Component	Duration	Weighting	Threshold	Description
Course Work001		40	35	Legal Problem (1,500 words)
Exam002	2.0	60	35	Exam 2 hours